Business Controls, Inc. - BCInsights

Better remind HR of the importance of having your I-9 documentation in order. The Feds may soon be stopping in. The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) agency recently announced it’ll be doing I-9 audits on 650 employers nationwide. That move, appears to many observers, as the beginning of the Obama administration’s push to use employers as the new hammer to crack down on illegal immigrants. According to ICE, the 650 companies initially identified for scrutiny were chosen through “leads and information obtained through other investigative means.” It now seems to be a pretty good bet the Feds will turn up the heat on across-the-board I-9 enforcement this year and next.

The evidence: ICE has shifted personnel and resources to focus on employers who hire undocumented workers. What’s more, the agency has said it will pursue criminal prosecutions against offenders, not the civil actions the authorities carried out before.

For more information about Form I-9 compliance, contact our resident expert, Steve Foster, CPP, President of Business Controls.

More Bad News for Employers

Last month the Equal Employment Opportunity Commission issued a new guide titled, “Understanding Waivers of Discrimination Claims in Employee Severance Agreements.” The document could have more accurately been titled, “How to Sue Your Employer and Win.” The document is intended to provide guidance to employees who may receive a severance agreement— and need guidance in determining whether they might have a valid claim against the issuing employer.

The EEOC issued the document after noting an increase in age discrimination charges filed with the Commission, and what the EEOC characterized as “recent controversial Supreme Court decisions on enforcement of the Age Discrimination in Employment Act (ADEA).”

The document even contains an Employee Checklist, advising employees of factors to consider when they are offered a severance agreement and how to handle employers that insist one be signed.

Editorial - Bullying Thrives in the Workplace….Not

Dr. Gary Namie, author of The Bully at Work: What You Can Do to Stop the Hurt and Reclaim Your Dignity on the Job, needs to get out a little more often. Dr. Namie calls bullying one of the business world's dirtiest secrets. Oh really? I guess he forgot Chinese slave labor, the global child pornography industry (headquartered in Europe), and India’s “Untouchables.” Dr. Namie, a well respected organizational psychologist, asserts that about 37 percent of the U.S. work force—or some 54 million workers—report they have been bullied at work, and 12 percent have seen it and were vicariously affected by it. He also says that some forty-five percent report they haven't experienced or witnessed bullying. So I guess on the one hand we’ve got an epidemic, while on the other the problem doesn’t appear to be epidemic at all. Research by Dr. Namie’s Workplace Bullying Institute, also shows that most bullies are bosses (72 percent), more perpetrators are men (60 percent) and most targets are women (57 percent). Dr. Namie’s institute says that bullying is a worldwide phenomenon but it's extremely common in the U.S. because it is here in America, “aggression in the workplace is promoted and rewarded.”

I would agree with Dr. Namie to the extent that some people are indeed jerks. However, my experience is that the American workplace is a pretty peaceful place. For the most part, employers have done a good job establishing expectations and setting clear boundaries for acceptable behavior. And while no workplace is perfect, with all that American employers are facing today, is bullying really the business world’s dirtiest secret? I think Dr. Namie should give employers a little more credit and maybe ask the people of North Korea or Communist China if they think workplace bullying is something we need to give more attention.

Quote of the Month

Etiquette for Displaying the United States Flag

With Labor Day just around the corner it might be a good time to brush up on some good ole, flag etiquette.

When flying the U.S. flag with a state or organizational flag, the U.S. flag should be at the top of the pole in a position of honor;
When flying the flag from a staff adjacent to others, the U.S. flag should be placed in a position of honor, which is the extreme left, as the flags are most frequently viewed;
When hung from a window or against a wall, whether displayed horizontally or vertically, always display the flag such that the “union” or blue field is to the observer’s left;
When displayed half-mast (half the distance from the top to the bottom of the flagpole, the center point of the U.S. flag should be aligned with the center point of the pole. If more than one flag is displayed on the pole, all additional flags should be beneath the U.S. flag and the group aligned with center point of the pole.

A U.S. flag flown upside down is a traditional signal of a maritime vessel in distress. The flag should not be flown upside down for any other reason.

Total number of U.S. service members who have given their lives to defend the flag: 1,593,124; those wounded doing so, 1,581,631 (approximately) [1775-2008].

Legislative Update for the Security and Investigative Industry

Congress has left town for its summer recess and will return to Washington on September 8, two weeks before the National Council of Investigation & Security Services (NCISS) "Hit the Hill" blitz on the nation's capital. As the headlines show, Congress has spent the first year of the Obama Administration on broad issues including economic stimulus, health care, energy and a Supreme Court nomination. However, issues of concern to private investigators and security companies have recently ramped up.

On the day the Senate finished its legislative business before leaving town, Senator Chuck Schumer (D-NY) introduced S1618, a bill which would set the rules for how Social Security numbers should be truncated. Earlier this year that issue was the subject of a hearing in the House Committee on Oversight & Government Reform. Also, the Senate Committee on Commerce, Science and Transportation passed S-30, the "Truth in Caller ID Act" Thursday. And as recently reported, the new Chairman of the Social Security Subcommittee, John Tanner (D-TN) has taken up the cause of the previous Chairmen of that subcommittee and reintroduced HR 3306 the "Social Security Number Privacy & Identity Theft Protection Act", which would severely restrict the ability to access SSN's or the data they help develop. Other Social Security bills have also been introduced, including Senator Feinstein's S-141, "Protecting the Privacy of Social Security Numbers Act" and Representative Frelinghuysen's HR 122, the House version of S-141.

Two major bills are under consideration regarding data breaches. Although neither one of them currently includes restrictions on the use of SSN's, they could serve as vehicles for amendments to do so as they have in the past. But in addition to these issues with which NCISS has been involved for years, a few new ones have been introduced that merit our concern. Representative Charlie Rangel (D-NY), Chairman of the Ways and Means Committee, has introduced HR 1529, the "Second Chance for Offenders Act" which would make it easier to expunge federal criminal records. And recently, Representative Stephen Cohen (D-TN) introduced the "Equal Employment for All Act", which would ban most uses of credit reports in the employment context. A more institutional issue that could affect our membership is HR 3126, the "Consumer Financial Protection Act". It is part of President Obama's effort to regulate financial institutions in order to avoid another economic crisis. But it would move many functions from the Federal Trade Commission to the new agency. This includes the Fair Credit Reporting Act and many privacy issues. It is not certain what the impact on NCISS members would be, but it increases the risk of additional restrictions on private investigators.

Security companies and many other businesses are awaiting for a possible "compromise" proposals regarding the "Employee Free Choice Act". Several Democratic Senators have been meeting to try to come up with an amendment to the bill to enable them to get the 60 votes usually required to get controversial bills through the Senate. The measure would permit unions to organize a company without the need for a secret ballot election. It would also mandate that if a contract is not agreed to by a date certain, binding arbitration would set wages and work rules. Another concern is a supposedly "voluntary" certification program being developed by the Department of Homeland Security regarding emergency response and business continuity planning. Working through industry coalition Security Companies Organized for Legislative Action (SCOLA), NCISS has been participating in DHS meetings on the matter.

The NCISS "Hit the Hill" is scheduled for September 23 and 24, 2009. It is critical that those in the security and investigative industries make themselves heard and felt on these major issues. Make your voice heard and come join NCISS in Washington, DC.

Upcoming Events and Trainings

This year’s event titled Security Never Sleeps, will be held at the Anaheim Convention Center in Anaheim, CA from September 21-24. The seminar consists of 160 training sessions covering security topics as well as security management best practices and strategies. There will be more than 22,000 security and business professionals in attendance

Business Controls’ CEO, Eugene F. Ferraro, CPP, CFE, PCI will be training on “Neuro-linguistic Interviewing” on Monday, September 21, 2009, from 1:30pm - 3:00pm. An overview of the training is provided below.

“Although we do not realize it, people use all of their neurological processes when exchanging information. Why not use all five senses and all three parts of the brain when conducting investigatory interviews or attempting to gather information from those reluctant to cooperate? Reveals a new way to detect deception and guilt using visual, auditory, and kinesic messaging and reading nonlinguistic behaviors and autonomic responses. Learn how to find the truth faster and obtain more frequent admissions of guilt lawfully.”

Business Controls will be delivering the highly acclaimed The Process of Workplace Investigations training in five major cities this fall. This advanced two-day training thoroughly examines the methods, tools, and legal limitations of modern fact-finding. Real world scenarios are utilized to highlight the legal aspects and potential ramifications associated with conducting internal investigations.

In this highly informative and fast-paced session attendees learn how to use the Process of Investigation® to conduct proper cost-effective investigations. Attendees will also discover how to obtain the highest possible return on investment from every undertaking.

Business Controls’ CEO, Eugene F. Ferraro, CPP, CFE, PCI will be the facilitator. Registration is $795 ($715 if registered in advance). Group discounts apply to organizations that send four or more people from the same organization. The training has 14 HRCI & CLE credits pending.

For more information please contact Business Controls at 800-650-7005. To register please go to www.businesscontrolsstore.com.